How Long Will My Criminal Case Take?

One of the first questions clients ask after being charged with a criminal offence is, “How long is this going to take?”

Unfortunately, there isn’t a simple answer.

Some criminal matters are finalised in a single court appearance, while others take many months or even longer. The time your case takes depends on several factors, including the seriousness of the charges, whether you plead guilty or not guilty, the amount of evidence involved and the availability of court hearing dates.

Although waiting for your matter to be resolved can be frustrating, understanding the court process can help you know what to expect.

Every criminal case is different

No two criminal matters follow exactly the same path.

A straightforward driving offence where a person intends to plead guilty may be resolved at the first court appearance.

On the other hand, a contested assault, family violence matter or drug trafficking case involving numerous witnesses and thousands of pages of evidence will naturally take much longer.

The court aims to ensure that every case is dealt with fairly. Sometimes that requires additional time so that both the prosecution and the defence can properly prepare.

What affects how long my case will take?

Several factors influence the length of a criminal case.

Whether you plead guilty or not guilty

This is often the biggest factor.

If you plead guilty, your matter may be finalised on the first court date if the prosecution brief is complete and the court has sufficient time available.

However, many guilty pleas are adjourned so that your lawyer can properly prepare your plea, obtain character references, organise counselling, gather medical reports or prepare psychological evidence.

If you plead not guilty, your matter will usually progress through additional stages, including a contest mention before eventually proceeding to a contested hearing if the case cannot be resolved.

The seriousness of the charges

More serious offences generally take longer.

Matters involving multiple charges, numerous witnesses, CCTV footage, forensic evidence or expert reports usually require additional preparation by both sides.

Simple matters can often be dealt with much more quickly.

The amount of evidence

Some police briefs contain only a few pages.

Others contain thousands of pages of statements, photographs, telephone downloads, forensic reports, CCTV footage and body-worn camera recordings.

Your lawyer needs sufficient time to review all of this material before advising you.

Taking the time to properly understand the evidence is often essential to achieving the best outcome.

Court availability

Like many courts throughout Australia, the Magistrates’ Court has a busy workload.

Even when both parties are ready to proceed, there may not be an available hearing date for several months.

This is particularly true for contested hearings that require a full day or multiple days of court time.

Unfortunately, hearing dates are determined by the court’s availability rather than the preferences of the parties.

What are the usual stages of a criminal case?

Although every matter is different, many cases follow a similar path.

First court date (mention hearing)

Your first appearance is usually a mention hearing.

At this stage, the court wants to know whether you intend to plead guilty, plead not guilty or require more time to obtain legal advice or review the evidence.

Many matters are adjourned after the first mention.

Contest mention

If you plead not guilty, your matter will usually proceed to a contest mention.

The Magistrate discusses the issues in dispute, identifies the witnesses required and determines how long a contested hearing is likely to take.

Many matters resolve at this stage through negotiations or after further legal advice.

Contested hearing

If the case cannot be resolved, it proceeds to a contested hearing.

This is the trial where witnesses give evidence, are cross-examined and the Magistrate decides whether the prosecution has proved the charges beyond reasonable doubt.

Can my case be resolved quickly?

Sometimes.

There are occasions where a matter is resolved at the first court appearance, particularly if:

• You intend to plead guilty.

• The prosecution brief is complete.

• The court has sufficient time.

• No additional reports or material are required.

However, resolving a case quickly is not always the best outcome.

Taking additional time to prepare can often lead to a better result.

For example, your lawyer may recommend obtaining:

• Character references.

• Psychological reports.

• Medical reports.

• Drug and alcohol counselling.

• Mental health treatment.

• Evidence of rehabilitation.

These documents often take time to organise but can make a significant difference when the court determines the appropriate sentence.

Will delays affect my case?

Not necessarily.

Many clients become frustrated when their matter is adjourned several times.

While delays are understandably stressful, an adjournment is not always a bad thing.

Additional time may allow:

• Further evidence to become available.

• Negotiations with the prosecution.

• Counselling to be completed.

• Character references to be prepared.

• Psychological assessments to be obtained.

• Weaknesses in the prosecution case to be identified.

Sometimes the strongest outcomes are achieved because the defence had sufficient time to properly prepare.

What can I do while I’m waiting?

The period between court appearances should not be wasted.

Depending on your circumstances, your lawyer may recommend:

• Completing counselling.

• Engaging with a psychologist.

• Undertaking drug or alcohol treatment.

• Remaining employed or returning to work.

• Completing educational courses.

• Performing voluntary work.

• Gathering supporting documents.

• Obtaining character references.

These steps demonstrate rehabilitation and personal responsibility, which can be persuasive if you ultimately plead guilty.

If you are pleading not guilty, use the time to assist your lawyer by locating witnesses, preserving evidence and providing instructions while events are still fresh in your memory.

How can a lawyer help keep my case moving?

An experienced criminal defence lawyer can often reduce unnecessary delays by:

• Reviewing the evidence promptly.

• Requesting missing disclosure from the prosecution.

• Negotiating with police where appropriate.

• Identifying legal issues early.

• Preparing your case well before each court date.

• Ensuring all necessary reports and documents are obtained on time.

Good preparation often means fewer unexpected delays later in the proceedings.

Frequently Asked Questions

Can my case finish at the first court date?

Yes, some cases are finalised at the first appearance, particularly straightforward guilty pleas. However, many matters require additional court dates before they are resolved.

Why has my matter been adjourned?

Adjournments are common in criminal cases. They may be necessary to obtain legal advice, gather evidence, prepare reports, negotiate with the prosecution or allow the court to allocate a hearing date.

Will pleading guilty make my case quicker?

Often, yes. Guilty pleas generally involve fewer court appearances than defended matters, although additional preparation before sentencing is often worthwhile.

Should I rush my case?

Usually not. While everyone wants their matter finalised as quickly as possible, careful preparation often produces a better outcome than rushing through the court process.

Every case follows its own timeline

No lawyer can honestly tell you exactly how long your criminal case will take at the beginning of the proceedings.

What they can do is explain each stage of the process, keep your matter progressing, prepare your case thoroughly and ensure you understand what is happening at every court appearance.

Whether your case is resolved in one court date or over several months, obtaining legal advice early helps ensure you are making informed decisions and gives you the best opportunity to achieve a favourable outcome.

If you have been charged with a criminal offence or have Criminal Hearing at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in criminal law matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.